BUFFALO SEWER AUTHORITY

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BUFFALO SEWER AUTHORITY

February 15, 2022

REGULAR MEETING 9:00 A.M. VIA TELECONFERENCE + 1 917-933-2166 United States, New York City Phone Conference ID: #503 080 178

ITEM NO. CONTENTS PAGE NO.

Roll Call

1 Motion to Adopt the Minutes of January 12, 2022 1

2 Informative: Temporary Investments 2-3

3 Informative: Reallocation of Funds 4

4 Informative: Report on Fiscal Year 2021-22 Rates and Charges for

Sewer Services 5

5 Payment from Judgment and Claims 6

6 Travel Authorization - Orlando, Florida 7

7 Travel Authorization – Albany, New York 8

8 Report on Bids Received – Bird Island Campus Landscape and Site Improvements Project ( Reference to Tabled Item #10 From January

12th, 2022 Board Meeting) 9

9 Report on Bids Received -Natural Gas Supply 10

10 Report on Bids Received – Moyno Pump Parts for Thickeners 11

11 Authorization to Purchase Access Control Barrier Gates 12

12 Authorization to Purchase Duperon Flexrake Parts 13

13 Authorization to Purchase Centrifuge Conveyor Parts 14

14 Report on Bids Received for One (1) New and Unused Color Sewer

Televising Inspection System 15

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15 Authorization to Purchase Infilco Climber Screen Parts 16

16 Change Order No. 1 – Contract No. 81600025 17-18

17

Authorization for Grant Assistance for Bird Island Treatment Facility

Steam and Boiler System Project 19-21

18

Authorization for Financial Assistance for Bird Island Treatment

Facility Primary System Project 22-24

19

Acceptance of WQIP Grant Funds For the Secondary System

Rehabilitation and Upgrade Project 25-26

20

SEQRA Type II Determination Regarding the Bird Island Treatment

Facility Steam and Boiler System Project 27-28

21 Acceptance of WQIP Grant Funds For Mill Race RTC Project 29-30

22

SEQRA Type II Determination Regarding the Mill Race Real Time

Control Project 31-32

23

Acceptance of WQIP Grant Funds For Broadway At Oak Real Time

24

SEQRA Type II Determination Regarding the Broadway at Oak Real

Time Control Project 35-36

25 Acceptance of WQIP Grant Funds For Hertel At Deer RTC Project 37-38

26

SEQRA Type II Determination Regarding the Hertel at Deer Real Time

27

SEQRA Type II Determination Regarding the Smith at Eagle Real Time

28 Amendment to Schedule of Job Classification Plan 43

29 Confirmation of Appointments 44-45

30 Adjournment of Meeting 46

ATTACHMENT: Report on Fiscal Year 2021-22 Rates and Charges for Sewer Services

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CALL OF THE ROLL

Present:

Absent:

The meeting was called to order at ____ A.M. A quorum was present.

ITEM NO. 1 Motion to Adopt the Minutes of the Meeting of January 12 , 2022

MOTION TO MADE BY 2^ND BY

AYES NOES

Board Meeting of February 15, 2022

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ITEM NO. 2

INFORMATIVE: TEMPORARY INVESTMENTS (CERTIFICATES OF DEPOSIT AND TREASURY BILLS) MARKET VALUE

As of January 31, 2022

ISSUE MATURITY TOTAL INTEREST

DATE DATE DAYS AMOUNT BANK RATE AMOUNT

CONSTRUCTION/CAPITAL IMPROVEMENT FUND

31-Jul-12 Money Market $4,273,460.48 Key 0.01% Public NOW

1-Nov-19 Money Market $103,141.98 Bank on Buffalo 0.10%

5-Oct-21 1-Feb-22 119 $3,799,988.37 Key Banc Capital 0.08% $1,004.89 17-Nov-21 15-Feb-22 90 $6,999,591.69 J P Morgan Securities 0.20% $3,500.00

1-Sep-21 25-Feb-22 177 $1,999,847.22 Key Banc Capital 0.10% $983.33

22-Nov-21 7-Mar-22 105 $12,997,851.36 J P Morgan Securities 0.21% $7,205.75 20-Jan-22 8-Apr-22 78 $6,997,394.39 Key Banc Capital 0.20% $3,033.33 22-Oct-21 20-Apr-21 180 $4,997,805.56 Key Banc Capital 0.23% $5,750.00 15-Nov-21 11-May-21 177 $9,989,722.20 Key Banc Capital 0.24% $11,800.00 17-Dec-21 14-Jun-22 179 $998,362.22 Key Banc Capital 0.30% $1,491.67

$53,157,165.47

LIABILITY AND CASUALTY RESERVE FUND

31-Jul-12 Money Market $87,716.78 Key 0.01% Public NOW

11-Dec-19 Money Market $917,612.15 Bank on Buffalo 0.10%

$1,005,328.93

OPERATING FUND

31-Jul-12 Super NOW $4,130,005.85 Key 0.01% Public NOW

TRUST & AGENCY FUND

31-Jul-12 Super NOW $5,838.66 Key 0.01% Public NOW

SURPLUS FUND

$308.58 Wilmington US Treasury

13-Dec-21 13-Jun-22 182 $10,004,296.43 Key Banc Capital 0.31% $15,703.57

$4,314.17 Accrued Income

$10,008,919.18

NET REVENUE FUND

$.60 Wilmington US Treasury

2-Sep-21 28-Feb-22 179 $1,499,254.17 Key Banc Capital 0.10% $745.83

26-Jan-22 28-Mar-22 179 $6,798,617.33 Key Banc Capital 0.12% $1,382.67

$769.45 Accrued Income

$8,298,641.55

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BSA 2021 EIB FUND

$268,468.11 Wilmington U.S. Treasury

1-Dec-21 1-Feb-22 62 $1,999,586.67 Key Banc Capital .12% $413.33

1-Dec-21 1-Mar-22 90 $1,999,300.00 Key Banc Capital .14% $700.00

1-Dec-21 31-Mar-22 120 $3,997,866.67 Key Banc Capital .16% $2,133.33 1-Dec-21 31-May-22 181 $9,989,944.44 Key Banc Capital .20% $10,055.66 31-Dec-21 29-Jun-22 180 $1,998,999.00 Key Banc Capital .20% $2,001.00

1-Dec-21 26-Aug-22 268 $32,926,300.00 Key Banc Capital .30% $73,700.00

$53,203,315.01

DEBT RESERVE FUND

Series J

02-Jul-14 13-Nov-33 7076 $515,879.00 UST State/Local Govt 2.70%

$518,880.22

Series K

02-Jul-14 15-Feb-33 5803 $361,415.00 UST State/Local Govt 2.70%

$365,922.87

Series L

27-Jun-14 01-May-44 10901 $689,547.00 UST State/Local Govt 2.70%

$695,232.35

Series M

15-Nov-12 15-Apr-32 7091 $595,613.00 UST State/Local Govt 2.42%

$599,700.02

Series N

15-Nov-12 15-Apr-32 7091 $2,167,157.00 UST State/Local Govt 2.42%

$2,182,861.74

EFC 2021

$695.73 Wilmington U.S. Treasury

9-Nov-12 7-Feb-22 90 $316,944.53 Key Bank Capital 0.07% $55.47

$317,692.03

DSF PRIN &INT

$0.01 Wilmington Fund

DSF 2021 EIB

$797,327.66 Wilmington Fund 0.01%

$797,333.82

RECEIVE & FILE

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ITEM NO. 3

INFORMATIVE: REALLOCATION OF FUNDS

The following budgetary transfers have been made to cover unforeseen shortages. These transfers do not change the total amount of the Buffalo Sewer Authority’s operating

budget.

Wastewater Treatment Plant

1/12/2022 00240105

Centrifuge Repairs to Equip

-$1,000.00 00360106

DEWA Repairs to Equip

$1,000.00

1/27/2022 00510106

Lab Maintenance

-$7,005.00 00510105

Lab Laboratory Supplies

$7,005.00

2/1/2022 00290105

AER Equipment Maintenance

-$59,492.00 00340105

Thick Equipment Maintenance

$59,492.00

General Financial Charges

1/12/2022 00800183

Financial Contingency

-$190,000.00 00110106

Admin Professional Per

$190,00.00

RECEIVE & FILE

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ITEM NO. 4

INFORMATIVE: REPORT ON FISCAL YEAR 2021-22 RATES AND CHARGES FOR SEWER SERVICES

Periodically a report on the rates and charges for sewer service is prepared for the Buffalo Sewer Authority. This report presents findings regarding the revenue requirements of the sewer system and the adequacy of the budgeted sewer rates and charges.

The Report on Fiscal Year 2021-22 Rates and Charges for Sewer Services (Attachment A) has been made available to your Honorable Body.

This report has been reviewed by the Audit Committee for the Buffalo Sewer Authority Board and is presented to the Board for their information to be acknowledged, received and filed.

RECEIVE AND FILE

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ITEM NO. 5

PAYMENT FROM JUDGMENT AND CLAIMS

WHEREAS: Board approval is required for charges made against the Buffalo Sewer Authority’s current budget for services and/or materials received during a prior fiscal year; and

WHEREAS: The following services were received during a prior fiscal year charged to the 2020-2021 budget account no. 00800108-480214:

WHEREAS:

VENDOR INVOICE AMOUNT

LBR Scientific, Inc. 40736 $3,343.88

Comairco S0030874 $3,999.00

; and

WHEREAS: The Executive Secretary and staff recommend the above payment from the Judgment and Claims account.

NOW THEREFORE

BE IT RESOLVED: That the Board of the Buffalo Sewer Authority hereby approves the above payment from the Judgment and Claims account.

AYES NOES

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ITEM NO. 6

TRAVEL AUTHORIZATION - ORLANDO, FLORIDA

WHEREAS: The Buffalo Sewer Authority seeks to embark on a strategic effort, focused on effective utility management approach endorsed by the US Environmental Protection Agency, Water Environment Federation (WEF) and American Water Works Association (AWWA); and

WHEREAS: The WEF/AWWA Utility Management Conference will be held in Orlando, Florida from February 21–24, 2022, covering latest approaches, practices, case studies and research in various areas of utility management; and

WHEREAS: The Chairman of the Board and General Manager are leading the efforts in exploration of best industry performance practices; and

WHEREAS: The General Manager recommends attendance at the WEF/AWWA Utility Management Conference.

NOW THEREFORE

BE IT RESOLVED: That the Board of the Buffalo Sewer Authority hereby authorizes the Chairman of the Board and General Manager to travel to Orlando, Florida from February 20–24, 2022, to attend the WEF/AWWA Utility Management Conference at a total cost not to exceed $6,000.00. Account nos. 00110104- 458010, 00110104-458012, 00100104-458010, and 00100104-458012 will be utilized for this travel.

AYES NOES

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ITEM NO. 7

TRAVEL AUTHORIZATION – ALBANY, NEW YORK

WHEREAS: The American Public Works Association (APWA) New York State Chapter Annual Conference is being held in Albany, NY from March 23 – 25, 2022;

and

WHEREAS: The Senior Engineer is an active member of the Western branch of the New York State Chapter of APWA and needs to remain current on state-of-the-art practices and the latest regulatory issues; and

WHEREAS: The Senior Engineer will be presenting on the Smith at Eagle Real-Time Control Project.

WHEREAS: The General Manager recommends that the Senior Engineer attend the APWA Annual State Conference.

NOW THEREFORE

BE IT RESOLVED: That the Board of the Buffalo Sewer Authority hereby authorizes the Senior Engineer to travel to Albany, NY from March 23-25, 2022, to attend the 2022 American Public Works Association New York State Chapter Annual Conference at a total cost not to exceed $1200.00. Account nos. 00600104- 458010 and 00600104-458012 will be utilized for this travel.

AYES NOES

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ITEM NO. 8

REPORT ON BIDS RECEIVED - BIRD ISLAND CAMPUS LANDSCAPE AND SITE IMPROVEMENT PROJECT

WHEREAS: Formal bids were advertised and solicited for The Bird Island Landscape and Site Improvement Project. The following bids were received and opened by the Buffalo Sewer Authority on Wednesday, December 29^th, 2021 at 11:00AM:

Contractor Base Bid Alternate

Bid Total Bid A-1 Land Care Inc. $495,886.08 $694,218.73 $1,190,104.81 Scott Lawn Yard $598,391.50 $793,774.00 $1,392,165.50 Mark Cerrone Inc. $637,762.00 $778,132.00 $1,415,897.00 Pinto Construction Serv. $763,539.50 $1,005,082.50 $1,768,622.00

; and

WHEREAS: The Consulting Engineer, Clough Harbor Associates (CHA), has reviewed the bids and recommend with concurrence from the Treatment Plant Administrator and recommend award of the Base Bid (Only) contract to the low bidder, A-1 Land Care Inc.

NOW THEREFORE

BE IT RESOLVED: That the Board of the Buffalo Sewer Authority hereby authorizes the General Manager to enter into and execute a contract with A-1 Land Care Inc. for the Bird Island Campus Landscape and Site Improvement Project (Base Bid) at a cost not to exceed $495,886.08. Expenses for this contract shall be charged to account no. 0200544-490740.

MOTION TO REMOVE FROM TABLE

MADE BY 2^ND BY

AYES NOES

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ITEM NO. 9

REPORT ON BIDS RECEIVED -NATURAL GAS SUPPLY

WHEREAS: Bids were solicited by United Energy, the Buffalo Sewer Authority’s energy consultant, for natural gas supply to the Bird Island Treatment Facility and outlying stations for various terms beginning on February 1, 2022. The following bids were received and opened via electronic bid for the on Monday, January 13^th, 2022;

Bird Island Treatment Facility (Dth + NYMEX)

STBA Satellite Stations (Dth + NYMEX) 6-Month 1-Year 2-Year 6-Month 1-Year 2-Year EnergyMark,

LLC

($0.3050) ($0.4200) ($0.3650) $0.6500 $0.5700 $0.5600 New Wave

Energy Corp.

$0.1280 $0.0880 $0.0950 $0.7100 $0.8100 $0.7600 Crown Energy N/A ($0.3000) ($0.1600) N/A $0.4500 $0.5000 NOCO Energy $0.3200 $0.4400 $0.4000 $0.6000 $0.5500 $0.5400

All to be determined based on Bids received, plus the monthly closing price on the New York Mercantile Exchange (NYMEX); and

WHEREAS: Upon review of the bids received United Energy recommends that the Buffalo Sewer Authority enter into an agreement with EnergyMark, LLC for one-year period, February 1, 2022 through December 31, 2022; and

WHEREAS: The General Manager, Treatment Plant Superintendent, and Treatment Plant Administrator concur with United Energy and recommend awarding a one- year contract to EnergyMark, LLC for natural gas supply for the Bird Island Treatment Facility and outlying stations.

NOW THEREFORE

BE IT RESOLVED: That the Board of the Buffalo Sewer Authority hereby authorizes the General Manager to enter into a contract with EnergyMark, LLC for natural gas supply for the Bird Island Treatment Facility and outlying stations for a one- year period, February 1^st, 2022 through December 31^st, 2022, at a cost of ($0.4200)/Dth for the Bird Island Treatment Facility and a cost of

$0.5700/Dth for the outlying stations, plus the monthly closing price on the New York Mercantile Exchange (NYMEX). The purchase of this commodity will be charged to various Treatment Plant accounts.

AYES NOES

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ITEM NO. 10

REPORT ON BIDS RECEIVED – MOYNO PUMP PARTS FOR THICKENERS

WHEREAS: Bids were solicited and received for various Moyno Pump parts needed for the repair and preventative maintenance of the thickeners. Bids are as follows:

VENDOR BID

Corrosion Products & Equipment, Inc. $48,590.70

Nov Process & Flow Technologies US Inc. $72,998.50 (Partial Bid)

Buffalo Bearings Unable to Quote

ACME Bearings Unable to Quote

; and

WHEREAS: The Superintendent of Mechanical Maintenance and staff have reviewed and recommend this purchase to be awarded to Corrosion Products & Equipment, Inc. at a cost of $48,590.70; and

WHEREAS: Monies payable to date for the purchase of Moyno pump parts in the (12) month aggregate period are $121,030.35. This purchase will bring the total monies payable for Moyno pump parts for purchases to $169,621.05; and WHEREAS: Board approval is required on purchases over $20,000.00.

NOW THEREFORE

BE IT RESOLVED: That the Board of the Buffalo Sewer Authority hereby authorizes the General Manager to purchase the Moyno pump parts for the thickeners from Corrosion Products & Equipment, Inc., at a total cost of $48,590.70. This purchase will be charged to account no. 00340105-466107.

AYES NOES

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ITEM NO. 11

AUTHORIZATION TO PURCHASE ACCESS CONTROL BARRIER GATES

WHEREAS: On May 30, 2018, the Board of the Buffalo Sewer Authority designated ComputerSearch, the original equipment manufacturer, and/or their local representative as a sole source for parking access and revenue control systems; and

WHEREAS: The Superintendent of Mechanical Maintenance and staff have determined that parts and labor are needed for replacement and repairs. A quote was requested and received from ComputerSearch / EBC time and parking systems , the authorized representative, in the amount of $21,401.00 for the necessary parts and labor; and

WHEREAS: The Superintendent of Mechanical Maintenance and staff reviewed the quote received and recommend the purchase of these parts and labor from ComputerSearch / EBC time and parking systems parts and labor at a cost not to exceed $21,401.00; and

WHEREAS: Board approval is required on purchases over $20,000.00.

NOW THEREFORE

BE IT RESOLVED: That the Board of the Buffalo Sewer Authority hereby authorizes the General Manager to purchase the needed Access Control Barrier Gates from ComputerSearch / EBC time and parking systems at a total cost of

$21,401.00. Account no. 00520105-466068 will be charged for materials for this purchase. Account no. 00520106-443301 will be charged for labor for this purchase.

AYES NOES

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ITEM NO. 12

AUTHORIZATION TO PURCHASE DUPERON FLEXRAKE PARTS

WHEREAS: On December 15, 2021, the Board of the Buffalo Sewer Authority designated Duperon Corporation, the original equipment manufacturer, and/or their local representative as a sole source for equipment repairs and supplies for the Duperon Flexrake parts; and

WHEREAS: The Superintendent of Mechanical Maintenance and staff have determined that parts are needed for replacement and repairs. A quote was requested and received from Koester Associates Inc., the authorized representative, in the amount of $25,986.21 for the necessary parts including shipping; and

WHEREAS: The Superintendent of Mechanical Maintenance and staff reviewed the quote received and recommend the purchase of these parts from Koester Associates Inc. parts at a cost not to exceed $25,986.21; and

NOW THEREFORE

BE IT RESOLVED: That the Board of the Buffalo Sewer Authority hereby authorizes the General Manager to purchase the needed Duperon Flexrake parts from Koester Associates Inc. at a total cost of $25,986.21. Account no. 00210105-466107 will be charged for this purchase.

AYES NOES

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ITEM NO. 13

AUTHORIZATION TO PURCHASE CENTRIFUGE CONVEYOR PARTS

WHEREAS: On July 29, 2015, the Board of the Buffalo Sewer Authority designated JDV Equipment Corporation, the original equipment manufacturer, and/or their local representative, Koester, as a sole source for equipment repairs and supplies for the JDV parts, supplies and service for all JDV brand screw conveyors used in the centrifuge for sewage treatment; and

WHEREAS: The Superintendent of Mechanical Maintenance has determined a need to purchase centrifuge conveyor replacement parts for the repair, preventative maintenance and availability of Centrifuge No. 1 & Centrifuge No. 2; and WHEREAS: Upon request, Koester, the authorized local representative, submitted a quote

in the amount of $25,807.00 for the needed centrifuge conveyor parts; and WHEREAS: Monies payable to date to JDV Equipment Corporation, in the fiscal year

2021-2022 are $32,266.00. This purchase will bring the total monies payable for purchases to $58,073.00; and

WHEREAS: The Superintendent of Mechanical Maintenance and staff reviewed the quote received and recommend the purchase of these parts and further recommend authorization for total monies payable to JDV Equipment Corporation for fiscal year 2021-2022 not to exceed $58,073.00; and

NOW THEREFORE

BE IT RESOLVED: That the Board of the Buffalo Sewer Authority hereby authorizes the General Manager to purchase the needed Centrifuge Conveyor Parts from JDV Equipment Corporation, at a total cost of $25,807.00. Account no.

00370105-466107 will be charged for this purchase. The Board further authorizes total monies payable to JDV Equipment Corporation, for fiscal year 2021-2022 not to exceed $58,073.00.

AYES NOES

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ITEM NO. 14

REPORT ON BIDS RECEIVED FOR ONE (1) NEW AND UNUSED COLOR SEWER TELEVISING INSPECTION SYSTEM

WHEREAS: Formal bids were advertised and solicited for the purchase of one (1) new and unused color televising inspection system. The following bids were received and opened by the Buffalo Sewer Authority Purchasing Department on January 12, 2022:

Vendor Manufacturer Cost

Joe Johnson Equipment Envirosight Rovver X $230,822.00

Pierce Eagle No Response

Cyncon Equipment No Bid

J & J Equipment Aries Pathfinder $242,329.00

;and

WHEREAS: The Director of Sewer Maintenance and staff reviewed the bids and recommend that the purchase be awarded to the lowest bidder, Joe Johnson Equipment at a total cost of $230,822.00; and

NOW THEREFORE

BE IT RESOLVED: That the Board of the Buffalo Sewer Authority authorizes the General Manager to award the purchase of the sewer televising inspection system to Joe Johnson Equipment at a total cost not to exceed $230,822.00. Funds for the purchase will be charged to account no.00690107-474200.

AYES NOES

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ITEM NO. 15

AUTHORIZATION TO PURCHASE INFILCO CLIMBER SCREEN PARTS

WHEREAS: On July 29, 2015, the Board of the Buffalo Sewer Authority designated Infilco Degremont Inc., the original equipment manufacturer, and/or their local representative as a sole source for equipment repairs and supplies for the Infilco Degremont Inc. Climber Screen parts used in the screen room for sewage treatment; and

WHEREAS: The Superintendent of Mechanical Maintenance has determined a need to purchase Infilco Degremont Inc. climber screen parts for the repair, preventative maintenance and availability of the Climber Screen; and

WHEREAS: Upon request, Infilco Degremont Inc., the authorized local representative, submitted a quote in the amount of $29,564.62 for the needed Climber Screen parts; and

WHEREAS: Monies payable to date to Infilco Degremont Inc., in the fiscal year 2021- 2022 are $109,617.45. This purchase will bring the total monies payable for purchases to $139,182.07; and

WHEREAS: The Superintendent of Mechanical Maintenance and staff reviewed the quote received and recommend the purchase of these parts and further recommend authorization for total monies payable to G P Jager and Associates Inc. for fiscal year 2021-2022 not to exceed $139,182.07; and

NOW THEREFORE

BE IT RESOLVED: That the Board of the Buffalo Sewer Authority hereby authorizes the General Manager to purchase the needed Infilco Climber Screen Parts from G P Jager and Associates Inc., at a total cost of $29,564.62. Account no. 00220105- 466107 will be charged for this purchase. The Board further authorizes total monies payable to G P Jager and Associates Inc, for fiscal year 2021-2022 not to exceed $139,182.07.

AYES NOES

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ITEM NO. 16 CHANGE ORDER NO. 1 – CONTRACT NO. 81600025

CONTRACTOR: ORIGINAL CONTRACT COST $138,000.00

Arcadis CE, Inc. PREVIOUS CHANGE ORDER N/A

50 Fountain Plaza Suite 600 THIS CHANGE ORDER $44,560.00

Buffalo, NY 14202 ADJUSTED CONTRACT COST $182,560.00

WORK: Long Term Control PlanHydraulic Modeling

DESCRIPTION OF CHANGE OR EXTRA WORK:

Item #1 Continued hydraulic modeling required for Long Term Control Plan (LTCP) related project designs through September 1, 2022.

REASON FOR CHANGE OR EXTRA WORK:

Item #1 The continued use of this model is required for project design purposes while a new request for proposals and contract for hydraulic modeling are developed.

COST OF CHANGE OR EXTRA WORK:

Item #1 $44,560.00

THE TOTAL COST OF THE CHANGE OR EXTRA WORK: $44,560.00 The Total INCREASE to the Contract as a result of this Change Order is $44,560.00

WHEREAS: The Buffalo Sewer Authority has negotiated with the United States Environmental Protection Agency (EPA), the United States Department of Justice (DOJ) and the New York State Department of Environmental Conservation (DEC) to address sewer system improvements to comply with the Federal Clean Water Act through the Combined Sewer Overflow Long- Term Control Plan (LTCP) which was approved by the agencies on March 18, 2014; and

WHEREAS: The Buffalo Sewer Authority retained Malcolm Pirnie, Inc., pursuant to the Resolution authorizing Amendment No. 4 of Contract No. 83900014, to assist with modeling per negotiations with the EPA, DOJ and the DEC; and

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WHEREAS: The work plans for water quality and sewer system modeling and monitoring have been completed by Malcolm Pirnie, Inc., in accordance with the scopes of work developed in concert with the regulatory agencies; and

WHEREAS: On June 17, 2013, Malcolm Pirnie, Inc., was acquired by Arcadis CE, Inc.;

and

WHEREAS: Arcadis CE, Inc., continues to host the model which serves as the compliance mechanism for the LTCP; and

WHEREAS: Continuous model hosting and modeling services are required throughout the duration of the LTCP; and

WHEREAS: On February 17, 2016, the Board of the Buffalo Sewer Authority approved a new contract with Arcadis for continued hosting; and

WHEREAS: On October 6, 2021, the United States Environmental Protection Agency and New York State Department of Conservation approved a revised Hydraulic Model that is currently hosted by Arcadis CE, Inc.;

WHEREAS: Upon request, Arcadis CE, Inc. has submitted a proposal for a change order to Contract No. 81600025 to continue hosting and refining through September 1, 2022; and

WHEREAS: The Principal Sanitary Engineer reviewed said proposal for Change Order No.1 to Contract No. 81600025 in the amount of $44,560.00 as detailed above and recommend its approval.

NOW THEREFORE

BE IT RESOLVED: That the Board of the Buffalo Sewer Authority hereby approves Change Order No. 1 to Contract No. 81600025 as written in the above Agenda Item, increasing the contract cost in the amount of $44,560.00 making the adjusted contract cost $182,560.00.

AYES NOES

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ITEM NO. 17

AUTHORIZATION FOR GRANT ASSISTANCE FOR BIRD ISLAND TREATMENT

FACILITY STEAM AND BOILER SYSTEM ENERGY EFFICIENCY UPGRADE PROJECT

WHEREAS: The New York State Department of Environmental Conservation (DEC), New York State Environmental Facilities Corporation (EFC), New York State Energy Research & Development Authority (NYSERDA), Federal Emergency Management Agency (FEMA), and the United States Environmental Protection Agency (USEPA) provide funding for projects that improve water quality, reduce energy consumption, increase resiliency, utilize green infrastructure, and mitigate the impacts of climate change through various grant programs; and

WHEREAS: The EFC provides funding for projects that improve water quality and reduce energy consumption through the utilization of green infrastructure in New York State through the Green Innovation Grant Program (GIGP); and

WHEREAS: The Buffalo Sewer Authority has been awarded a $2,925,000.00 GIGP grant for the Bird Island Treatment Facility Steam and Boiler System Project; and WHEREAS: A minimum local match of at least $975,000.00 is required to fully utilize

this GIGP grant; and

WHEREAS: Grant providing entities require that a designee be appointed to execute and deliver grant applications and agreements; and

WHEREAS: The Treatment Plant Administrator, Principal Sanitary Engineer, and staff have reviewed the grant requirements and engineer’s estimate and recommend authorization to execute this grant agreement and authorization of a minimum local match of $975,000.00 for this project;

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NOW THEREFORE

BE IT RESOLVED: That the Board of the Buffalo Sewer Authority hereby authorizes and appropriates $975,000.00 as the minimum local match as required as a term of the GIGP grant for the Bird Island Treatment Facility Steam and Boiler System Energy Efficiency Upgrade Project to be available in account no.

02000545-490740, the General Manager to execute and deliver a GIGP grant agreement for $2,925,00,000.00 with EFC and to provide such additional information as may be required to make such agreements on behalf of the Buffalo Sewer Authority.

AYES NOES

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CERTIFICATE

I, Oluwole A. McFoy, General Manager of the Buffalo Sewer Authority in the County of. Erie, State of New York, HEREBY CERTIFY that the foregoing attached extract from the Minutes of a meeting of the Board of Directors of said Authority, duly called and held on February 15, 2022, and at which a quorum was present and acting throughout and the resolution contained therein is a true and complete copy of the resolution thereupon adopted on February 15, 2022, and recorded in the Minutes of said Authority and that the foregoing extract has been compared by me with the original minutes as officially recorded in my office in the Minute Book of said Authority and is a true, complete and correct copy thereof and of the whole of said original minutes so far as the same relate to the subject matters referred to in said extract, and that said resolution has not been amended or repealed but is in full force and effect.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Authority this 15^th day of February 2022.

(SEAL)

Oluwole A. McFoy, PE

General Manager, Buffalo Sewer Authority

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ITEM NO. 18

AUTHORIZATION FOR FINANCIAL ASSISTANCE FOR BIRD ISLAND TREATMENT FACILITY PRIMARY SYSTEM PROJECT

WHEREAS: The New York State Department of Environmental Conservation (DEC), New York State Environmental Facilities Corporation (EFC), New York State Energy Research & Development Authority (NYSERDA), Federal Emergency Management Agency (FEMA), and the United States Environmental Protection Agency (USEPA) provide funding for projects that improve water quality, reduce energy consumption, increase resiliency, utilize green infrastructure, and mitigate the impacts of climate change through various grant and loan programs; and

WHEREAS: The EFC provides low interest financing for wastewater treatment facility and collection system projects through the Clean Water State Revolving Fund; and

WHEREAS: EFC has listed on this project on the 2021 Annual Clean Water State Revolving Fund (CWSRF) Intended Use Plan; and

WHEREAS: Loan and grant providing entities require that a designee be appointed to execute and deliver applications and agreements; and

WHEREAS: The current estimate for the Long-Term Control Plan Treatment Facility Primary System Project is $95,000,000.00; and

WHEREAS: EFC has listed on this project on the 2021 Annual Clean Water State Revolving Fund (CWSRF) Intended Use Plan for a total of $45,848,507.52 in loans including financial and legal fees; and

WHEREAS: The General Manager recommends authorization to execute and deliver grant and loan applications and agreements for this project; and

(27)

NOW THEREFORE

BE IT RESOLVED: That the Board of the Buffalo Sewer Authority hereby authorizes the General Manager to execute and deliver a CWSRF loan agreement for

$95,000,000.00 with EFC, to apply for, execute, and deliver grant agreements to defer the cost of this project, and to provide such additional information as may be required to make such agreements on behalf of the Buffalo Sewer Authority.

AYES NOES

(28)

CERTIFICATE

(SEAL)

(29)

ITEM NO. 19

ACCEPTANCE OF WQIP GRANT FUNDS FOR THE SECONDARY SYSTEM REHABILITATION AND UPGRADE PROJECT

WHEREAS: On June 23, 2021, the Board of the Buffalo Sewer Authority approved six contracts for construction of the Secondary System Rehabilitation and Upgrade Project totaling $45,433,933.38; and

WHEREAS: On May 26, 2021, the Board of the Buffalo Sewer Authority passed a bond resolution that included acceptance of Clean Water State Revolving Fund loan funding; and

WHEREAS: On November 22, 2021, the Board of the Buffalo Sewer Authority authorized the General Manager to execute and deliver applications for grant programs as may be deemed prudent; and

WHEREAS: The New York State Department of Environmental Conservation (NYSDEC) has awarded the Buffalo Sewer Authority a Water Quality Improvement Project (WQIP) grant in the amount of $10,000,000.00 for this project; and WHEREAS: The Treatment Plant Administrator, Principal Sanitary Engineer, and staff

have reviewed the grant requirements and recommend authorization to execute and deliver this grant agreement and a minimum local match of

$2,500,000.00 for this project to be funded through the previously authorized CWSRF loan.

NOW THEREFORE

BE IT RESOLVED: That the Board of the Buffalo Sewer Authority hereby accepts the Water Quality Improvement Project Number 109833 grant in the amount of

$10,000,000.00 from the New York State Department of Environmental Conservation and authorizes the use of the previously authorized CWSRF loan to provide the required $2,500,000.00 local match. These grant funds shall be allocated to the Secondary System Rehabilitation and Upgrade Project Contracts A, B, C, D, and E, from account nos. 02000531-490740, 02000532-490740, 02000533-490740, 02000534-490740, and 02000535- 490740.

AYES NOES

(30)

CERTIFICATE

(SEAL)

(31)

ITEM NO. 20

SEQRA TYPE II DETERMINATION REGARDING THE BIRD ISLAND TREATMENT FACILITY STEAM AND BOILER SYSTEM PROJECT

WHEREAS: The Buffalo Sewer Authority will be retrofitting the existing steam and boiler system at Bird Island Treatment Facility to decrease natural gas usage and reduce energy consumption; and

WHEREAS: The State Environmental Quality Review Act (SEQRA) with reference to 6 NYCRR §617.5, provides that certain classes of actions termed “Type II Actions”, have been determined not to have a significant impact on the environment or are otherwise precluded from environmental review under New York Environmental Conservation Law; and

WHEREAS: 6 NYCRR 617.5 (c) (1) provides for the classification “maintenance or repair involving no substantial changes in an existing facility” as a Type II Action;

and

WHEREAS: 6 NYCRR 617.5(c) (2) provides for the classification “replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building, energy, or fire codes, unless such action meets or exceeds any of the thresholds in section 617.4 of this Part;” as a Type II Action; and

WHEREAS: The Treatment Plant Administrator and Principal Sanitary Engineer recommend that the steam and boiler system retrofits be declared a Type II action; and

NOW THEREFORE

BE IT RESOLVED: That the Board of the Buffalo Sewer Authority hereby constitutes the Bird Island Treatment Facility Steam and Boiler System Project as a· Type II Action in accordance with 6 NYCRR 617.5 (c) (1) and (2). Accordingly, no further review under SEQRA is required.

AYES NOES

(32)

CERTIFICATE

(SEAL)

(33)

ITEM NO. 21

ACCEPTANCE OF WQIP GRANT FUNDS FOR MILL RACE REAL TIME CONTROL PROJECT

WHEREAS: On November 17, 2021, the Board of the Buffalo Sewer Authority approved a $4,512,455.00 contract for the Mill Race Real Time Control Project; and WHEREAS: The New York State Department of Environmental Conservation awarded

the Buffalo Sewer Authority a Water Quality Improvement Project (WQIP) grant in the amount of $3,485,250.00 for Mill Race Combined Sewer Overflow Abatement; and

WHEREAS: The Principal Sanitary Engineer and staff have reviewed the grant requirements and recommend authorization to execute grant agreements and approval and authorization of a minimum local match of $871,312.50 for the Mill Race Real Time Control Project.

NOW THEREFORE

$3,485,250.00 from the New York State Department of Environmental Conservation and authorizes a local match of at least $871,312.50 to fully utilize this grant. These grant funds shall be allocated to the Mill Race Real Time Control Project through Account No. 02000497-490740.

AYES NOES

(34)

CERTIFICATE

(SEAL)

(35)

ITEM NO. 22

SEQRA TYPE II DETERMINATION REGARDING MILL RACE REAL TIME CONTROL PROJECT

WHEREAS: On March 18, 2014, the United States Environmental Protection Agency, with concurrence by the New York State Department of Environmental Conservation, issued an Amended Administrative Order which approved the Buffalo Sewer Authority's Combined Sewer Overflow Long Term Control Plans (LTCP); and

WHEREAS: The Buffalo Sewer Authority, as lead agency pursuant to the New York State Environmental Quality Review Act (SEQRA), undertook a coordinated review of the LTCP, and on July 18, 2012, issued a Negative Declaration with respect to the LTCP; and

WHEREAS: On November 17, 2021, the Board of the Buffalo Sewer Authority approved a $4,512,455.00 contract for the Mill Race Real Time Control Project in conformance with the LTCP; and

WHEREAS: 6 NYCRR 617.5 (c) (29) provides for the classification “a course of action specifically required to be undertaken pursuant to a judgment or order” as a Type II Action; and

WHEREAS: The Buffalo Sewer Authority is implementing the LTCP in conformance with an Administrative Order; and

WHEREAS: The Principal Sanitary Engineer and staff recommend that the Mill Race Real Time Control Project be declared a Type II action; and

NOW THEREFORE

BE IT RESOLVED: That the Board of the Buffalo Sewer Authority hereby constitutes the Mill Race Real Time Control Project as a· Type II Action in accordance with 6 NYCRR 617.5 (c) (29). Accordingly, no further review under SEQRA is required.

AYES NOES

(36)

CERTIFICATE

(SEAL)

(37)

ITEM NO. 23

ACCEPTANCE OF WQIP GRANT FUNDS FOR BROADWAY AT OAK REAL TIME CONTROL PROJECT

WHEREAS: On October 20, 2021, the Board of the Buffalo Sewer Authority approved a

$3,378,000.00 contract for the Broadway at Oak Real Time Control Project;

and

WHEREAS: The New York State Department of Environmental Conservation awarded the Buffalo Sewer Authority a Water Quality Improvement Project (WQIP) grant in the amount of $2,625,000.00 for Broadway/Oak Street Combined Sewer Overflow Abatement; and

WHEREAS: The Principal Sanitary Engineer and staff have reviewed the grant requirements and recommend authorization to execute grant agreements and approval and authorization of a minimum local match of at least $656,250.00 for the Broadway at Oak Real Time Control Project.

NOW THEREFORE

$2,625,000.00 from the New York State Department of Environmental Conservation and authorizes a local match of at least $656,250.00 to fully utilize this grant. These grant funds shall be allocated to the Broadway/Oak Real Time Control Project through Account No. 02000499-490740.

AYES NOES

(38)

CERTIFICATE

(SEAL)

(39)

ITEM NO. 24

SEQRA TYPE II DETERMINATION REGARDING BROADWAY AT OAK REAL TIME CONTROL PROJECT

WHEREAS: On October 20, 2021, the Board of the Buffalo Sewer Authority approved a

$3,378,000.00 contract for the Broadway at Oak Real Time Control Project in conformance with the LTCP; and

WHEREAS: The Principal Sanitary Engineer and staff recommend that the Broadway at Oak Real Time Control Project be declared a Type II action; and

NOW THEREFORE

BE IT RESOLVED: That the Board of the Buffalo Sewer Authority hereby constitutes the Broadway at Oak Real Time Control Project as a· Type II Action in accordance with 6 NYCRR 617.5 (c) (29). Accordingly, no further review under SEQRA is required.

AYES NOES

(40)

CERTIFICATE

(SEAL)

(41)

ITEM NO. 25

ACCEPTANCE OF WQIP GRANT FUNDS FOR HERTEL AT DEER REAL TIME CONTROL PROJECT

WHEREAS: On January 9, 2019, the Board of the Buffalo Sewer Authority approved a

$3,065,778.00 contract for the Hertel at Deer Real Time Control Project; and WHEREAS: The New York State Department of Environmental Conservation (NYSDEC)

awarded the Buffalo Sewer Authority a Water Quality Improvement Project (WQIP) grant in the amount of $2,850,000.00 for Hertel Avenue Combined Sewer Overflow Improvements; and

WHEREAS: The Principal Sanitary Engineer and staff have reviewed the grant requirements recommend authorization to execute grant agreements and approval of authorization of a minimum local match of $712,500.00 for the Hertel at Deer Real Time Control Project and additional work to fully utilize the grant funding.

NOW THEREFORE

$2,850,000.00 from the New York State Department of Environmental Conservation and approves a local match of $712,500.00. These grant funds shall be allocated to the Hertel at Deer Real Time Control Project and additional work which serves to reduce combined sewer overflows in the Hertel Avenue Combined Sewer Overflow basin.

AYES NOES

(42)

CERTIFICATE

(SEAL)

(43)

ITEM NO. 26

SEQRA TYPE II DETERMINATION REGARDING HERTEL AT DEER REAL TIME CONTROL PROJECT

WHEREAS: On January 9, 2019, the Board of the Buffalo Sewer Authority approved a

$3,065,778.00 contract for the Hertel at Deer Real Time Control Project in conformance with the LTCP; and

WHEREAS: The Principal Sanitary Engineer and staff recommend that the Mill Race Real Time Control Project be declared a Type II action; and

NOW THEREFORE

BE IT RESOLVED: That the Board of the Buffalo Sewer Authority hereby constitutes the Hertel at Deer Real Time Control Project as a· Type II Action in accordance with 6 NYCRR 617.5 (c) (29). Accordingly, no further review under SEQRA is required.

AYES NOES

(44)

CERTIFICATE

(SEAL)

(45)

ITEM NO. 27

SEQRA TYPE II DETERMINATION REGARDING SMITH AT EAGLE REAL TIME CONTROL PROJECT

WHEREAS: On April 1, 2020, the Board of the Buffalo Sewer Authority approved a

$2,262,000.00 contract for the Smith at Eagle Real Time Control Project in conformance with the LTCP; and

WHEREAS: The Principal Sanitary Engineer and staff recommend that the Smith at Eagle Real Time Control Project be declared a Type II action; and

NOW THEREFORE

BE IT RESOLVED: That the Board of the Buffalo Sewer Authority hereby constitutes the Smith at Eagle Real Time Control Project as a· Type II Action in accordance with 6 NYCRR 617.5 (c) (29). Accordingly, no further review under SEQRA is required.

AYES NOES

(46)

CERTIFICATE

(SEAL)

(47)

ITEM NO. 28

AMENDMENT TO SCHEDULE OF JOB CLASSIFICATION PLAN

WHEREAS: There is a need to modify the Job Classification Plan NOW THEREFORE

BE IT RESOLVED: That the Board of the Buffalo Sewer Authority approves the addition of the following position to Job Classification Plan:

One (1) Senior First Class Stationary Engineer 00380161 411001

AYES NOES

(48)

ITEM NO.

CONFIRMATION OF APPOINTMENTS

CLERK (PERMANENT)

SEWAGE TREATMENT PLANT

$40, 981 PER ANNUM

EFFECTIVE: JANUARY 10, 2022 MICHELLE HAYES

29 LASALLE BUFFALO, NY

INVENTORY CONTROL CLERK (PROVISIONAL) SEWAGE TREATMENT PLANT

$56,961 PER ANNUM

EFFECTIVE: JANUARY 18, 2022 JESSICA LANGWORTHY

138 ROLAND BUFFALO, NY

LABORER II (PERMANENT) SEWAGE TREATMENT PLANT

$21.15 HOURLY

EFFECTIVE: JANUARY 24, 2022 NICHOLAS JULIEN

155 AVERY BUFFALO, NY

SEWER MAINTENANCE SUPERVISOR I (PROVISIONAL) SEWER MAINTENANCE DIVISION

$61,316 PER ANNUM

EFFECTIVE: JANUARY 31, 2022 RYAN SULLIVAN

24 SHENANDOAH RD BUFFALO, NY